September 7, 2021 at 5:30 PM - Regular Board Meeting

I. Meeting Called to Order.

II. Moment of Silence.

III. Pledge of Allegiance.

IV. Roll Call:

V. Recommend approving the agenda of the Regular Board Meeting of Tuesday, September 7, 2021 with any corrections/deletions.

VI. Recommend approving the minutes with any corrections:

VI.A. Regular Board Meeting held Tuesday, August 3, 2021

VI.B. Special Called Board Meeting held Thursday, August 12, 2021

VII. Superintendent's Report:  * SB1566

VII.A. Conference Presentations:

VII.A.1. Overview of Services and Supports to Students, Campuses, and the District - Special Services Behavior Specialists.

VII.A.2. Blue Cross and Blue Shield & Prime Therapeutics Quarter Report.

VII.A.3. Brownsville Independent School District Financial Report for the period ended August 31, 2021.

VII.A.4. Addendum to Student Parent Handbook (section: Student Dress Code). Include the following addendum in the Student/Parent Handbook Dress Code Section, #17. Students are required to use well-fitted masks consistently and correctly while in school. If a medical need arises from the use of a mask, and it's documented by a licensed physician in the United States, the respective committee will review and include any modifications in the ARD committee minutes. Administration will adhere to the Student Code of Conduct Discipline Management Techniques when a student does not wear a mask (pages 5-6).

VIII. PUBLIC COMMENT:
Persons wanting to address the Board during Public Comment shall before the beginning of the meeting print their names and the subject matter on the sign-in sheet provided at the entrance of the Board Room. As per Policy BED (Local) all Board Meetings, Public Comment shall be limited to items on the agenda posted with notice of the meeting. The Board allots 30 minutes for Public Comment. Speakers shall limit comments to a maximum of 5 minutes or the allotted time, depending on the number of speakers that have signed up. Complaints or grievances on the following subjects; employee complaints, personnel matters, student complaints, removal of alternative education program, complaints against individual board members, and expulsions, shall be directed to the appropriate policy for attempted resolution before bringing the matter before the Board. The Board President shall determine if the topic shall be redirected to the appropriate policy or redirected to Administration. Comments on issues shall be constructive and courteous.

The Board may deliberate or take action regarding the following agenda items.

Board policy BE (Local) and Robert's Rules limits debate to two opportunities. A Trustee may debate a motion for five minutes on the first speaking opportunity and three minutes on the second opportunity.

IX. Recommend approving the Consent Agenda. The Board has agreed to discuss the following items. All of the items below that are not called out will be approved by consent. 

                                              (All presentations limited to five (5) minutes)

X. Board Member Request(s)

X.A. Action Item(s)

X.A.1. Discussion, consideration, and possible action to adjust the 2021-2022 Substitute Teacher Pay Scales for Non-Degreed, Degreed, and Certified. (Board Agenda Request - Dr. Prisci Roca Tipton/Board Support Denise Garza, Daniela Lopez Valdez, Eddie Garcia)

XI. Consent Agenda:

XI.A. Recommend approval of the following General Function Item(s):

XI.A.1. Recommend approval of Resolution #017/21-22 for the adoption of the 2021-2022 Proposed Tax Rate. Recommend to adopt a tax rate of no more than $1.175 per $100.00 valuation with a Maintenance and Operations tax rate of $1.0393 and a Debt Service tax rate of $0.1357. The 2021-2022 combined tax rate is $0.000872 less than the Fiscal Year 2020-2021.
                                                           2020-2021        2021-2022
Maintenance and Operations            $1.025400         $    1.0393
Debt Service                                      $0.150472         $    0.1357
   Total Proposed Tax Rate                 $1.175872         $   1.1750

XI.A.2. Recommend approval of the Annual Review Statement of Investment Policy and Strategies in accordance with the Public Funds Investment Act, Texas Government Code, Section 2256.005(e).

XI.A.3. Recommend to approve donation from Mr. Angel Gonzalez, owner of La Tijera in the amount of $100,000.00 to Brownsville Fine Arts Department.

XI.A.4. Recommend approval to accept donation from SpaceX and PBI Group of 500 backpacks and school supplies in the amount of $12,500.00 for students at the Brownsville Independent School District.

XI.A.5. Recommend approval to purchase playground structures, as turn-key projects, Phase II for 11 elementary campuses district wide from Play and Park Structures of Southern Texas, 15239 Fall Place Drive, San Antonio, TX, 78247 to be paid from Title IV Funds.

XI.A.6. Recommend approval of Change Order #001 to amend the Owner/Contractor Agreement with G & T Paving, Inc. for the Vela MS – New Four Lane Track project of $7,022.82, representing unused funds in the allowance. Fund 197 (Credit back to the District). 

XI.A.7. Recommend approval to accept the $411,341.00 Expansion of Dual Credit Faculty grant from TEA to reimburse high school teachers for tuition and fees from May 24, 2021 to June 15, 2023 at no cost to the District

XI.A.8. Recommend approval for Region One Project RISE stipends for teachers completing tasks on one to six 3-hour workshops that meet all parts of Project RISE final eligibility reports, and at no cost to the District.

XI.A.9. Recommend approval to adopt the revision to the Delegation of Authority for the Procurement of Construction Services and Ranking Criteria, as authorized by Texas Government Code Section 2269.056 (a).

XI.A.10. Recommend approval for requesting permission for Lincoln Park School Day Care Center to receive grant funds for a total of $17,538.00 for the daycare center. Monies will be used for PPE and cleaning supplies, educational materials, attendance incentives, food for the 6-11 month infants and any other items needed to keep the daycare in compliance with Licensing and the Texas Rising Star Program. *

XI.B. Recommend approval of the following Payment(s):

XI.B.1. Recommend approval of Payment #3 for $135,343.65, as partial payment to Scoggins Construction Co., Inc. for Construction Services work completed on the Elementary Mini-Gyms HVAC and Restroom Addition Project to be paid from Tax Rate Increase Fund 188.

XI.B.2. Recommend approval of Payment #7 for $29,926.49 as final payment to G & T Paving, LLC for Construction Services work completed on the Vela MS Four Lane Track Project to be paid from Tax Ratification Election Fund 197.

XI.B.3. Recommend approval of Payment #12 for $22,500.00 as partial payment to Halff Associates, Inc. for Engineering Services work completed on the Elementary Mini-Gyms HVAC and Restroom Addition Project to be paid from Tax Rate Increase Fund 188.

XI.C. Recommend approval of the following Contract(s)/Agreement(s):

XI.C.1. Recommend approval to enter into a Memorandum of Understanding (MOU) with the University of Texas at Austin, The Language Learners at University of Austin Center for Hispanic Achievement (LUCHA) Program online courses, in the amount of $75,000.00 for the 2021-2022 school year. Services to be rendered to the Districts needs and funding.*

XI.C.2. Recommend approval to enter into a Memorandum of Understanding with the Education Service Center Region 06 in Collaboration with Education Service Center Region 01 and the Brownsville Independent School District. The purpose is for the ESC to provide professional development and training to implement the Texas Lesson Study Program. The contracting period is from August 4, 2021 to August 31, 2022. There is no cost to the District. *

XI.C.3. Recommend approval to participate in the Optional Flexible School Day Program (OFSDP) for the 2021-2022 school year based on the District needs and funding. *

XI.C.4. Recommend approval to fund Dual Enrollment courses in the amount of $245,200.00. This program is based on the number of students enrolled in the program with Texas Southmost College to offer and increase dual enrollment/dual credit opportunities beginning the 2021-2022 school year. This agreement shall continue from year to year unless amended mutually or terminated in writing by either party. Services and items to be purchased are subject to the Districts needs and funding. *

XI.C.5. Recommend approval for the Workforce Solutions Cameron/Texas Rising Star Provider agreement to Brownsville Independent School District to receive the reimbursement funds up to $80,000.00 for Daycare Services at Lincoln Park High School. *

XI.C.6. Recommend approving the Santander Bank tax exempt five-year installment financing for the purchase of nineteen school buses from Longhorn bus sales using Buyboard & Resolution #R002/21-22. The contract BuyBoard contract number is 549-17 and there is a fee of $800.00 per purchase order. Final expenditure not to exceed $2,280,235.00 which includes applicable one time purchase order fee and finance charges at no more than 1.98% interest for five years.

XI.C.7. Recommend approval to enter into a contract with Tenet Leadership, LLC. for coaching services: Texas Education Agency Lone Star Governance, House Bill 3, and Curriculum Support Work Plan for the Board of Trustees beginning October 1, 2021 through June 30, 2022 at a cost of $ 15,000.00.

XI.C.8. Recommend approval to enter into a contract with McShan Consulting Firm for consultant services for the Superintendent which includes monthly Topical, Trainings for the Board of Trustees and Administration beginning October 1, 2021 through March 31, 2022 at a cost of $12,000.00.

XI.C.9. Recommend approval of the Memorandum of Understanding between Cameron County Communities in Schools and BISD for before and after school support in academic/enrichment activities, and $45,000.00 summer program transportation at no cost to the District from September 1, 2021 to July 31, 2026. *

XI.C.10. Recommend approval for the Memorandum of Agreement between RGV Linking Economic and Academic Development and Brownsville Independent School District for the 2021-2022 school year. Rio Grande Valley Linking Economic and Academic Development will provide services to support the goal of students to stay in school and graduate from high school equipped with college and workforce readiness, in the amount not to exceed $26,458.00 from State Categorical CTE funds.

XI.D. Recommend approval of the following Bid(s)/Proposal(s)/Purchase(s):

XI.D.1. Recommend approval to exercise the option to renew RFQ #20-132 Architectural Services District-wide for an additional one-year term to expire August 2022 to BEAM Professionals (PBK Architects, Inc.), of McAllen, Texas, Rike Ogden Figueroa Allex (ROFA) Architects, Inc., of McAllen Texas and Gomez Mendez Saenz (GMS), Inc., of Brownsville, Texas and to authorize the Administration to negotiate and execute the contract fee for said services on a rotational, project by project basis.

XI.D.2. Recommend approval to exercise the option to renew RFQ #20-133 Architectural/Engineering Design Services for Roof Replacement District-wide for an additional one-year term to expire August of 2022 to Raba-Kistner, Inc. of McAllen, Texas, BEAM Professionals (PBK Architects, Inc.), of McAllen, Texas, and Armko Industries, Inc. of McAllen, Texas, and to authorize the Administration to negotiate the fee and execute the contract for said services on a rotational, project by project basis.

XI.D.3. Recommend renewal for CSP #19-057 Secondary Level Certification – Instruction for Basic Fire Suppression Program with the International Academy of Emergency Medical Technology (IAEMT), Brownsville, Texas, for an additional one (1) year term to expire in August, 2022.  (Annual Proposal)

XI.D.4. Recommend approval to award CSP #22-006 Basic Education Certification Program for EMT, for the 2021-2022 school year, to International Academy of Emergency Medical Technology, Brownsville, Texas. Services will be rendered based on the needs of the district. The CSP #22-006 proposal is for a three (3) year term with an option to renew for two (2) additional, one (1) year terms. (Annual Proposal)

XI.D.5. Recommend approval of RFQ #22-138 Mechanical, Electrical, Plumbing (MEP) Engineering Services for HVAC Replacement District-wide to Ethos Engineering of Harlingen Texas, Halff Associates, Inc. of McAllen, Texas, and Sigma HN Engineers, PLLC of McAllen, Texas and to authorize the Administration to negotiate and execute the contract fee for the services mentioned above.

XII. CLOSED MEETING:  as pursuant to the Texas Government Code Sections: 551.071, 551.072, 551.074, 551.082, and 551.084.

XII.A. PERSONNEL MATTER(S):

XII.A.1. Presentation, acceptance and approval of Resignations. (15)

XII.A.2. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s)- Assistant Band Director (replacing an existing FTE). Subject to receipt of all outstanding documentation. (4)

XII.A.3. Recommend approval of non-chapter 21 contractual personnel for the 2021-2022 school year(s) - Assistant Director for Food & Nutrition Services (replacing an existing FTE). Subject to receipt of all outstanding documentation. (1)

XII.A.4. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s) – Assistant Principal (replacing an existing FTE).  Subject to receipt of all outstanding documentation. (1)

XII.A.5. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s) – Educational Diagnostician (replacing an existing FTE).  Subject to receipt of all outstanding documentation. (1)

XII.A.6. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s) - Counselor (replacing an existing FTE). Subject to receipt of all outstanding documentation. (1)

XII.A.7. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s) – Instrumental Music Advisor (replacing an existing FTE).  Subject to receipt of all outstanding documentation. (1)

XII.A.8. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s) – Registered Nurse (replacing an existing FTE).  Subject to receipt of all outstanding documentation. (2)

XII.A.9. Recommend approval of chapter 21 contractual personnel for the 2021-2022 school year(s) - Testing Coordinator (replacing an existing FTE). Subject to receipt of all outstanding documentation. (1)

XII.A.10. Recommend approval of non-chapter 21 contractual personnel for the 2021-2022 school year(s). Coordinator for 21st Century Community Learning Center (Grant funded based on availability on a yearly basis of funding and performance). Subject to receipt of all outstanding documentation. (4)

XII.A.11. Recommend approval of non-chapter 21 contractual personnel for the 2021-2022 school year(s) - Director for 21st Century Community Learning Center (Grant funded based on availability on a yearly basis of funding and performance). Subject to receipt of all outstanding documentation. (1)

XII.A.12. Recommend approval of non-chapter 21 contractual personnel for the 2021-2022 school year(s) – ESSER III Coordinator (Grant funded).  Subject to receipt of all outstanding documentation. (1)

XII.A.13. Recommend approval of Temporary/Short Term Instructional Assistants to assist with online teaching for the 2021-2022 School Year.

XII.A.14. Recommend approval to add the position of Athletics Supervisor for the Athletics Department, Manual Trades Pay Grade 9 for 261 days on the Employee Compensation Plan for the 2021-2022 School Year.

XII.A.15. Recommend approval of Campus Professional Employee (B.A.) for change in salary for the 2021-2022 Fiscal School Year.

XII.A.16. Recommend approval of Campus Professional Employee (C.C.) for change in salary for the 2021-2022 Fiscal School Year.

XII.A.17. Recommend approval of Campus Professional Employee (J.O.) for change in contract for the 2021-2022 Fiscal School Year.

XII.A.18. Recommend approval of Campus Professional Employee (Z.L.) for change in salary for the 2021-2022 Fiscal School Year.

XII.A.19. Recommend to approve the suspension without pay of term chapter 21 contract professional (A.M.) for good cause for the 2021-2022 Fiscal School Year.

XII.A.20. Recommend to approve the proposed termination of the term chapter 21 contract professional (A.M.) for good cause for the 2021-2022 Fiscal School Year.

XII.B. Board Self Evaluation.

XII.C. Personnel Update with Superintendent (Dr. Rene Gutierrez)

XII.D. Level III Grievance(s)/Parent Grievance(s):

XII.D.1. Discussion, consideration and possible action regarding Level III Grievance No. 003/21-22 on L.L.

XII.D.2. Discussion, consideration and possible action regarding the Level III Parent Grievance No. 001/21-22 on Dr. Cristina Anderson on behalf of Student M.A.

XII.E. ATTORNEY CONSULTATION

XII.E.1. Staff Attorney

XII.E.1.a. Discussion, consideration, and possible action regarding the Blue Cross Blue Shield claim.

XII.E.1.b. Discussion, consideration, and possible action regarding executing a utilities agreement with the Brownsville Public Utilities Board. 

XII.E.2. Board Attorney:

XII.E.2.a. Discussion and consultation with Counsel concerning possible Resolution to Censure Trustee M. Pena and to issue referral to Cameron County District Attorney.  (Board Agenda Request Eddie Garcia-Board Support Dr. Prisci Roca Tipton, Denise Garza, Daniella Lopez Valdez)

XII.E.2.b. Discussion and consultation with Counsel concerning possible Resolution to Censure Trustee M. Pena and to issue trespass notice.  (Board Agenda Request Eddie Garcia - Board Support Dr. Prisci Roca Tipton, Denise Garza, Daniella Lopez Valdez)

XII.F. INTERNAL AUDITOR CONSULTATION

XIII. BOARD RECONVENES - Board action on agenda items discussed in Executive Session.

XIV. Announcement(s):

XV. Adjournment.